DIGGINS v. STATE

[No. 35, October Term, 1951.]

198 Md. 504 (1951)

84 A.2d 845

DIGGINS v. STATE

Court of Appeals of Maryland.

Decided December 5, 1951.


Attorney(s) appearing for the Case

Alan H. Murrell for the appellant.

Kenneth C. Proctor, Assistant Attorney General, with whom were Hall Hammond, Attorney General, Anselm Sodaro, State's Attorney for Baltimore City, and Edwin A. Gehring, Assistant State's Attorney, on the brief, for the appellee.

The cause was argued before MARBURY, C.J., and DELAPLAINE, COLLINS, HENDERSON and MARKELL, JJ.


MARKELL, J., delivered the opinion of the Court.

This is an appeal from a conviction of assault upon Harry S. Miller and a fine of $5.00. The case was tried without a jury. A motion for a directed verdict of not guilty was denied at the close of the State's evidence and was not re-offered at the close of all the evidence.

The State contends that under Rule 7(c) of the Criminal Rules of Procedure the verdict cannot now be reviewed upon the evidence. The contention...

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